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Family & Medical Leave Act
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It has been ages since I have worked with this. Our handbook states that all accrued paid leave must be used before they can use the FMLA. My question is this, the only time that the FMLA paperwor
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Family & Medical Leave Act

posted at 3/10/2010 10:21 AM EST
Posts: 6
First: 10/27/2008
Last: 3/10/2010
It has been ages since I have worked with this. Our handbook states that all accrued paid leave must be used before they can use the FMLA.

My question is this, the only time that the FMLA paperwork needs to be filled out is when they are actually using FMLA. Otherwise, the employee just fills out a regular leave slip, correct?

Any help would be greatly appreciated.

Thanks
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Family & Medical Leave Act

posted at 3/10/2010 10:35 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
You may want to reconsider your policy. Because depending on how large your leave bank can possibly be, this policy could be requiring you as an employer to give much more protected time than FMLA requires.

Most companies I know run any PTO concurrently with FMLA.

To answer your specific question, if you require them to use PTO first, then you can only require the PTO documentation for that part of timeoff under FMLA regulations.
Here's the link to the specific section of the regs that discusses the interaction:
http://www.dol.gov/dol/allcfr/Title_29/Part_825/29CFR825.207.htm
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Family & Medical Leave Act

posted at 3/10/2010 11:23 AM EST
Posts: 562
First: 11/12/2009
Last: 9/14/2011
By all means do as rrupert suggests! Use any accrued time off/sick time concurrently with FMLA. At the end of the 12 weeks, you can exercise an option to continue FMLA or not (but with caution since there's a precedent here). But locking yourself into 12 weeks PLUS any/all PTO/sick leave doesn't leave you with any options.
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Family & Medical Leave Act

posted at 3/10/2010 11:30 AM EST
Posts: 464
First: 6/30/2004
Last: 11/22/2010
We also run the leave banks concurrently with FMLA. The business reasons for doing so are compelling, as stated above.
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